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 Papers
on US Position |
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AMICC Factsheets and Reports
Timeline
US Policy Toward the ICC
US Courts and the ICC
Responses to Concerns About the ICC
Law Reviews
Books
Other
Timeline
US Policy Toward the ICC
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The Rome Statute of the International Criminal Court: A Self-Executing Treaty Under US Law?, by Douglas Dunbar (July 16, 2010) |
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The Obama Administration's Evolving Policy Toward the International Criminal Court, by Douglas Dunbar (July 15, 2010) |
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Statements of Barack Obama on the International Criminal Court (July 15, 2010) |
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Statements regarding US-ICC Cooperation (July 29, 2010) |
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The Non-Renewal of the "Nethercutt Amendment" and its Impact on the Bilateral Immunity Agreement (BIA) Campaign, by Lucia DiCicco (April 30, 2009) |
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Questions & Answers on the Ratification and Incorporation of the Rome Statute into US Law for the Purpose of Complementarity at the ICC, by Lucia DiCicco (April 24, 2009) |
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An Assessment of US Policy and Action in Relation to the International Criminal Court During the Bush Administration, 2001-2009, and Prospects for the Obama Administration's ICC Policy, by Veronica Glick (April 20, 2009) |
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Status of the US Signature of the Rome Statute of the International Criminal Court,
by Aurélie Coppin (September 11, 2008) |
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US Organizations Supporting the ICC (May 2005) |
US Courts and the ICC
Responses to Concerns About the ICC
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The ICC: A Case for Conservatives Revisited, by Briony MacPhee Rowe (April 28, 2010)
Original Paper and Questions & Answers (August 30, 2005) |
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Safeguards and Protections for Military and Diplomatic Officials under the Rome Statute, by Lucia DiCicco (August 26, 2009) |
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The Crime of Aggression and the United States: Negotiations of the International Criminal Court, by Gergana Halpern (October 1, 2007)
Questions & Answers |
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| Darfur, the International Criminal Court and the United States, by Amitis Khojasteh (August 2, 2007) |
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Comparison: The US Constitution vs. The ICC's Rome Statute (2005) |
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Questions and Answers on Hearsay and the Rights of the Accused, by Eva Nudd (December 27, 2005) |
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US Cooperation with the ICC on Darfur, by Mariana Pena (September 27, 2005) |
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Hearsay and the Rights of the Accused: A Comparison of US Law and Anticipated Practices of the ICC, by
Laurence D. Borten (August 2005) |
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The ICC Statute and US Constitutional Questions, by Alexander Ward (September 16, 2004) |
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Myths about United States Sovereignty and the International Criminal Court (2002) |
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Safeguards in the Rome Statute Against Abuse of the Court to Harass American Servicemembers and Civilian Officials (2001) |
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Douglass
Cassel, Empowering United States Courts to Hear Crimes
Within the Jurisdiction of the ICC, 35:2 New England
L. Rev. 421 (2002) |
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William
K. Lietzau, The United States and the International Criminal
Court: International Criminal Law After Rome: Concerns
from a U.S. Military Perspective, 64 Law & Contemp. Prob.
119 (2001)
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Erik
Rosenfeld, Note: Application of US Status of Forces Agreements
to Article 98 of the Rome Statute, 2 Wash. U. Global Studies
L. Rev. 273 (Winter 2003)
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Michael
P. Scharf, The United States and the International Criminal
Court: The ICC's Jurisdiction over the Nationals of Non-Party
States: A Critique of the US Position, 64 Law & Contemp.
Prob. 67 (2001)
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David
J. Scheffer, Developments in International Criminal Law:
The United States and the International Criminal Court,
93 A.J.I.L. 12 (1999) |
| David Scheffer, Fourteenth Waldemar A. Solf Lecture in International Law: A Negotiator's Perspective on the International Criminal Court, 167 Mil. L. Rev. 1 (2000) |
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David Scheffer, Article 98(2) of the Rome Statute: America’s Original Intent, 3 J. Int'l Crim. Just. 333 (2005) |
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John Washburn & Jennifer Schense, The United States and the International Criminal Court, 35 Int'l Lawyer (ABA Section of Int'l Law & Practice) 614 (2001) |
ICC Opponents
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Jack
Goldsmith, The Self-Defeating International Criminal Court,
70 U. Chi. L. Rev 89 (2003) (In May 2003 Professor Goldsmith
was named head of the Justice Department's Office of Legal
Council)
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Madeline
Morris, Democracy and Punishment: The Democratic Dilemma
of the International Criminal Court, 5 Buff. Crim. L.
R. 591 (2002)
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Madeline
Morris, The United States and the International Criminal
Court: High Crimes and Misconceptions: The ICC and Non-Party
States, 64 Law & Contemp. Prob. 13 (2001)
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Guy
Roberts, Assault on Sovereignty: The Clear and Present
Danger of the New International Criminal Court, 36 Am.
U. Int'l L. Rev. 35 (2001)
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Report of an Independent Task Force convened by American Society of International Law, U.S. Policy Toward the International Criminal Court: Furthering Positive Engagement, March 2009 |
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Atlantic Council of the United States, Policy Paper, Law & the Lone Superpower: Building a Transatlantic Consensus on International Law, by William H. Taft IV and Frances G. Burwell, April 2007
AMICC's analysis (August 22, 2007)
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Coalition
for the International Criminal Court (CICC) Secretariat,
Bilateral agreements proposed by US government (a legal
analysis), August 23, 2002 |
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Congressional
Research Service Report for Congress on "International Criminal Court Cases in Africa: Status and Policy Issues," April 2, 2010 |
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Congressional
Research Service Report for Congress on "International
Criminal Court: Overview and Selected Legal Issues," June
5, 2002 |
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Congressional
Research Service Report for Congress on "US Policy Regarding
the ICC," September 3, 2002 |
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Contemporary
Practice of the United States Relating to International
Law: US Bilateral Agreements Relating to ICC, 97 A.J.I.L.
200 (ed. Sean D. Murphy, Jan. 2003)
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Council
on Foreign Relations, Council Sprecial Report, From Rome to Kampala: The U.S. Approach to the 2010 International Criminal Court Review Conference, by Vijay Padmanabhan (April 2010)
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Council
on Foreign Relations, Council Policy Initiative, Toward
an International Criminal Court? Three Options Presented
as Presidential Speeches, by John R. Bolton, Kenneth Roth,
Anne-Marie Slaughter, Ruth Wedgwood (1999)
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Council
on Foreign Relations, Report of an Independent Task Force
on Public Diplomacy (July 2002)
"Examples of misunderstood or misguided policies include
the rejections of... the agreement to create the International
Criminal Court.... Let us be clear: public diplomacy is
not a matter of seeking foreign public approval to drive
U.S. policy, nor is it simply an effort to win popularity.
Rather, it involves a baseline recognition that foreign
attitudes and understanding affect the success or failure
of U.S. policies."
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Council
on Foreign Relations, Transcript, Should the U.S. Support
a Strong and Independent International Criminal Court?
Great Debate Series Between David J. Scheffer and Kenneth
Roth with Commentary by Marc A. Thiessen, New York, N.Y.
(May 6, 1998)
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Human Rights Watch,
"United States Efforts to Undermine the International
Criminal Court": Article 98 Agreements, August 2, 2002 |
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Human Rights Watch,
"United States Efforts to Undermine the International
Criminal Court": Article 98(2) Agreements, July 9, 2002 |
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Robert
Kagan, Power and Weakness: Why the United States and Europe see the world differently, Policy Review (Hoover Institution
June & July 2002) |
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Bryan
MacPherson, Authority of the Security Council to Exempt
Peacekeepers from International Criminal Court Proceedings,
ASIL Insight (July 2002) |
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Jamie
Mayerfeld, Who Shall be the Judge?: The United States,
the International Criminal Court, and the Global Enforcement
of Human Rights, HRQ 25 (2003) |
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Joe
Sills et al., Environmental Crimes in Military Actions
and the International Criminal Court (ICC) - United Nations
Perspectives, Army Environmental Policy Institute, April
2001
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State
Department Bureau of Political-Military Affairs Factsheet:
Frequently
Asked Questions About the US Government's Policy Regarding
the ICC, July 30, 2003 |
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UCLA School of Law, International Justice Clinic, The Road to Kampala: U.S. Participation in the Review Conference of the International Criminal Court (April 2010) |
ICC Opponents
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John
R. Bolton, Courting Danger: What's Wrong with the International
Criminal Court, National Interest, Winter 1998-99
(a publication of the American Enterprise Institute for
Public Policy Research)
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Casey,
Kadel, Rivkin, and Williamson, The United States and the
International Criminal Court: Concerns and Possible Courses
of Action (Federalist Society 2002) |
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Gary
T. Dempsey, Reasonable Doubt, The Case Against the Proposed
International Criminal Court (Cato Policy Analysis No.
311, July 6 1998) |
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The Heritage Foundation, Backgrounder, An Inconvenient Founding: America's Principles Applied to the ICC, by Marion Smith, February 18, 2010
AMICC's analysis (February 22, 2010)
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The Heritage Foundation, Backgrounder, The U.S. Should Not Join the International Criminal Court, by Brett D. Schaefer and Steven Groves, August 17, 2009
AMICC's analysis, by Wendy Bremang (September 18, 2009)
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